This book investigates the sources and implications of our encounters with suffering in contemporary politics and culture, exploring the forces that determine ...

Two dogmas of liberalism in the therapeutic setting are challenged: (1) that patients have a ready-made ability to act autonomously; and (2) that non-intervention by physicians is the best strategy for protecting the autonomy of patients. Recognition of the impact of illness upon autonomous behavior forms the basis of this challenge. It is suggested that autonomy is better conceived as a process of personal growth by which patients become better able to overcome the disruptive effects of illness. The physician is (...) assigned an active role in the achievement of this therapeutic goal. The implications of this new liberal theory are illustrated by reference to the informed consent issue. (shrink)

How best to avoid the Levinas Effect, as it has been called, the tendency to make Emmanuel Levinas everything to everyone? One way is to demonstrate that Levinas's thinking does not fit into any of the categories by which we ordinarily approach political theory. If one were forced to categorize Levinas's political theory, the term "inverted liberalism " would come closest to the mark. As long, that is, as one emphasizes the term "inverted" over "liberalism." Levinas's defense of liberalism is (...) likely the strangest defense the reader has encountered. We should, argues Levinas, foster and protect the individual because only the individual can see the tears of the other, the tears that even the just regime cannot see. The individual is to be fostered and protected for the sake of the other individual. Whether this has anything to do with "real" liberalism, and whether it should, is the topic of this essay. (shrink)

This is a brief response to S. Jacob’s review of Beyond Liberalism.

In What's the Matter with Liberalism? Ronald Beiner diagnoses the ills of liberalism along the three broad fronts where it is now widely challenged: its pretensions to moral neutrality; its lack of cultural standards; and its inability to deal with crime, unemployment, family breakdown, homeless?ness, rampant consumerism, and global environmental and economic problems. But even in its minimalist classical formulation, liberalism entails a substantive moral position, and is committed to resisting the violations of rights that lead to the crises (...) with which Beiner is concerned. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom in (...) deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

(No abstract is available for this citation).

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

At first sight it would seem difficult to find two philosophers as different as Brian Barry and Richard Rorty. It is widely held that the former is one of the most forceful proponents of liberal universalism, whereas the latter is typically viewed as the quintessential relativist. In this essay, different usages of the term univeralism are considered, and it is argued that Rorty's position is much closer to that of Barry than is generally supposed. Indeed, the article concludes by suggesting (...) that it is Rorty who offers the less question-begging philosophical account of political liberalism. (shrink)

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals’ conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx’s declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from..

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

Pluralism: The Philosophy and Politics of Diversity is the first volume to open the window on philosophical pluralism and link pluralist themes in philosophy and politics. It advances recent debates on political pluralism in a range of essays that challenge or defend the association of liberalism and pluralism. The volume is divided into three parts: an investigation of the philosophical sources of pluralism, including an essay on William James; the value of pluralism and liberalism, discussing the compatibility of these ideas; (...) and an investigation of difference in pluralism, with writing on women, ethnocultural, and the public-private distinction. (shrink)

If the U.S. Constitution is a liberal Constitution, liberal governments can have a constitutional obligation to secure positive benefits or welfare rights. The original constitutional text describes a government instrumental to the Preamble's abstract ends or goods. Constitutional rights can be reconciled to the text's instrumentalist logic by viewing them as functional to better conceptions of abstract ends among actors who would compensate for their fallibility. The Federalist confirms the instrumentalism of the constitutional text. Conservative writers who treat negative liberties (...) as constitutional ends err in several ways. They assume rational actors would establish a government for the sake of limiting it, and they ignore the positive nature of goods (life, liberty, property) that are the objects of negative liberties. They also fail to see that tax-supported protections for all positive goods, including the objects of negative liberties, must be justified by public purposes. (shrink)

Despite the enormous influence of Michel Foucault in gender studies, social theory, and cultural studies, his work has been relatively neglected in the study of politics. Although he never published a book on the state, in the late 1970s Foucault examined the technologies of power used to regulate society and the ingenious recasting of power and agency that he saw as both consequence and condition of their operation. These twelve essays provide a critical introduction to Foucault's work on politics, exploring (...) its relevance to past and current thinking about liberal and neo-liberal forms of government. Moving away from the great texts of liberal political philosophy, this book looks closely at the technical means with which the ideals of liberal political rationalities have been put into practice in such areas as schools, welfare, and the insurance industry. This fresh approach to one of the seminal thinkers of the twentieth century is essential reading for anyone interested in social and cultural theory, sociology, and politics. (shrink)

In this paper I outline and criticize Judith Shklar’s and Richard Rorty’s ‘liberalism of fear’. Both political thinkers believe liberalism to be characterized by a fundamental opposition to cruelty , which they regard as the least liberal of the features that may distinguish any given human community. In order to demonstrate the limits of the Shklar–Rorty thesis, I make use, in the first place, of John Kekes’s critique of liberalism as to show that liberalism allows for cruelty in so far (...) as it grants wider margins of agency to the members of the community. In the second place, I make use of Cesare Beccaria’s reflections on the cruelty implied by liberalism assuch, in so far as this political doctrine endorses the institutions of penal justice and private property. Key Words: Cesare Beccaria • cruelty • ethics • fear • justice • John Kekes • liberalism • politics • property • punishment • Richard Rorty • Judith Shklar. (shrink)

: A central component of Bernard Williams' political realism is the articulation of a standard of legitimacy from within politics itself: LEG. This standard is presented as basic, inherent in all political orders and the best way to underwrite fundamental liberal principles particular to the modern state, including basic human rights. It does not require, according to Williams, a wider set of liberal values. In the following, I show that where Williams restricts LEG to generating only minimal political protections, seeking (...) to isolate his account of political legitimacy from a range of liberal principles, this is neither internal to, nor necessarily demanded by, the specifically political account of LEG. Instead, the limitation depends upon his wider ethical thought. (shrink)

In this volume, schematically divided into two parts, Ludvig Beckman challenges the common view that support for the good life, the politics of virtue, is in ...

The liberal political morality developed in Will Kymlicka's Liberalism, Community and Culture is in various respects stronger and more coherent than many theories of Kymlicka's liberal predecessors and contemporaries, but it still suffers from important weaknesses that characterize other liberalisms. By ridding liberal theory of unnecessary defects, Kymlicka helps to clarify why even a liberalism capable of repelling the communitarian challenge will continue to be subject to theoretical criticism.

Richard Rorty, with his tendency to shock, to provoke, and to seize on Continental fashions, might be thought an unlikely liberal. Nevertheless, Rorty illustrates very well some of the characteristic weaknesses of contemporary liberalism. To the extent that he draws upon postmodern and deconstructionist sources, he highlights, and radicalizes, the liberal urge to break out of frozen identities and to destabilize static roles and fixed stations in life. His distinctive version of pragmatism yields a (novel) way of drawing liberal boundaries (...) between private and public, culture and justice. And his antifoundationalism helps to legitimize a typical liberal reluctance to engage in any very ambitious social criticism. What distinguishes Rorty's liberalism is its higher degree of candor, which at least acknowledges that a liberal vision of things, far from being ?neutral? toward rival ideas of the good, is implicated in the defense of a particular way of life. (shrink)

In Liberalism and Pluralism, Richard Bellamy explores the challenges posed by conflicting values, interests and identities to liberal democracy. Conventional liberal thought is no longer suited to the complex, plural societies of today. By analyzing the three major strands of liberal thought as represented by Hayek, Rawls and Walzer, the author reveals how standard liberalism has tried to circumvent unstable settlements. This book establishes a more satisfactory alternative: namely, negotiated compromise.

The non-citizen is the new ?other?. From popular discourse to political pronouncements and academic research, the non-citizen has become one of the subjects du jour. Among the ranks of the non-citizen, one finds a lesser-known category of people which has yet to be considered seriously by liberal political theory ? the stateless. Thus far, liberal political theory has either ignored this category of persons or subsumed them under the subjects of immigration or refugeehood. The present article challenges this theoretical exclusion (...) in two ways. First, it analyses the treatment of statelessness within the works of three prominent theorists on just membership ? Michael Walzer, Seyla Benhabib and William Barbieri, Jr ? and contends that these authors ignore the stateless as a unique category of non-citizen. Secondly, it explains why statelessness demands a distinct theoretical framework than is currently provided for within liberal political theory. The article contends that just membership questions necessitate not simply looking at who is let in and what naturalization procedures should be extended to them, but also entails examining who has always been on the inside and to whom we need to justify their continued exclusion. (shrink)

This paper argues that a liberal state is justified in promoting relationships of conjugal love – the form of relationship that is the basis of the institution of marriage – on the grounds that they are essential to the development and maintenance of autonomy. A deep human need is that the detail of our lives be recognized (accepted, affirmed, granted importance) by others (or by an other). Autonomy can be compromised when this need is not met. So a state concerned (...) with autonomy ought to be concerned with relationships in which people can be given recognition. This argument justifies support for friendship as well as conjugal love; why is the latter particularly special? The answer is that in conjugal love partners value each other exclusively (i.e., in a way they do not value anyone else). Conjugal relations therefore recognise the uniqueness and individual value of a person's life in away that friendship does not. (shrink)

This article argues that the intellectual legacy of Rousseau is at the root of the failure of 20th century egalitarian theorists such as Rawls and Dworkin to engage intellectually with feminist theorists working within the liberal tradition. Through an extended critique of Rousseau’s delineation of the relationship between liberal citizenship and the private family, it argues that the failure of such liberal theorists to take gender hierarchy seriously is a consequence of their attempt to place the private family outside the (...) sphere not only of politics, but also of justice. (shrink)

The article will argue that, despite Will Kymlicka’s claims to the contrary, the concept of ‘multicultural toleration’ implicitly entails an essentialist concept of groups, which amounts to holding a negative ‘permission’, power-loaded conception of toleration and not a positive liberal ‘respect’ conception. This seems contradictory to the general goal of Kymlicka’s multiculturalism. This article will then argue that multicultural toleration is not a satisfactory concept, neither from a conceptual point of view (it is incoherent) nor from a practical point of (...) view (it disregards important aspects of political life). Nonetheless, multiculturalism poses the question of toleration at the correct level of group relations. This article will try to sustain the double requirement of, on one hand, trying to place toleration in a collective frame and, on the other, refusing the essentialist concept of groups used by multiculturalism. The way out of this difficulty can be found in a critical ‘non-domination’ conception of toleration. (shrink)

This essay assess the compatibility of Eva Kittay's dependency critique with Rawlsian political liberalism. I argue for the inclusion of a modified version of Kittay's revisions within Rawlsian theory in order to yield a theory that suppports a substantial subset of dependency work. Beyond these selected changes, however, I argue that Kittay's other proposed changes should not be included because they are incompatible with Rawls, and furthermore, their incorporation does not yield a theory that includes utter dependents.

In 1978 and 1979, the concept of governmentality was introduced by Foucault in his lectures at the Collège de France. Foucault finds the genealogical origin of this concept in the Christian figure of the shepherd. From this starting-point, he then embarks on a eulogy of liberalism, in stark contrast to the Marxist critique of political economy. These two grand narratives of modern liberalism differ markedly in their political and philosophical presuppositions. The latter, rooted in the tradition of natural law, is (...) directed towards revolution. The former, rooted in the tradition of English radicalism, is directed towards resistance. Beyond their different reconstructions of liberalism, however, the article concludes by showing how these two narratives, can in fact be combined in a politically fruitful way. (shrink)

This essay critically examines the idea that "identity " or "difference " might be proper objects of principles of respect. The author suggests that this idea makes sense only at the cost of the egalitarianism to which its adherents usually subscribe. The essay also shows that liberal interpretations of respect can evade this problem and reaches this conclusion on the basis of an analysis of the concept of respect and its connections with notions of status.

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

Tolerance is at the heart of Western liberalism, permitting mutually exclusive ideas and practices to coexist peacefully with one another, without the proponents of the differing ideas and practices killing one another. Yet, nothing challenges tolerance like the practice of sunna, female circumcision, clitorectomy, or genital mutilation. In this essay, I critique the Western critics of the practices, not in order to defend these practices, but rather to show that Western liberalism itself does not offer transcultural and transtemporal principles, for (...) these principles only cohere within the tradition of liberalism. The Western critique of sunna often maps onto the bodies of African women Western symbolic notions of sexual and political freedom, as symbolized in the clitoris. The practices of sunna cohere within the web of beliefs, the tradition, of those who practice them and, thus, are rationally justified within those traditions. I offer Alasdair MacIntyre's notion of moral inquiry as a guide through the complex world of cultural and moral dialogue between differing traditions. (shrink)

In her article, ?Beyond the Cultural Argument for Liberal Nationalism?, Margaret Moore provides a critique of this argument, and commends, as an alternative, an identity?based approach to liberal nationalism. Moore draws a distinction between identity and culture, and suggests that liberal nationalism should be founded on the former rather than the latter. This article argues, by contrast, that although identity and culture need to be distinguished, they are not as dissociable as Moore contends. It argues that the distinction between (...) identity and culture is of a kind resembling that between types and tokens ? between abstractions and their instances. In so far as culture and language are tangible means by which we express our identity, then identity can be viewed as a type, which cultural components ? like language ? can instantiate as tokens. A defence of liberal nationalism, even if its starting point is identity, has to incorporate in its main argument an appeal to culture and language to make a case for the right to self?determination of peoples. (shrink)

In modern Western moral and political theory the notion of the liberal subject has flourished as the locus of moral experience, interpretation and critique. Through this conceptual lens on subjectivity, individuals are enabled to shape and regulate their interactions in arguably desirable ways, e.g. through principles of respect for persons and the constraints of reciprocal rights, and moral education has largely adopted this perspective. However, this article argues that some kinds of morally significant relations?those framed by social groups related to (...) each other through structures of hierarchical power?constitute a different kind of subjectivity that needs more theoretical and empirical attention. In contrast to four core characteristics of liberal subjectivity, a view of subjectivity that can be located in how individuals are members of particular kinds of social groups is offered. It is argued that unless it can accommodate working with attention to this form of subjectivity as well, moral education runs the risk of itself contributing to forms of oppression such as racism, instead of being a means of combating them. (shrink)

This paper is a story of personal learning. I locate its beginning in my early, comfortable adoption of liberalism as the preferred perspective for my work as a philosopher of education. I then trace how and why I became disaffected with this perspective. I describe how learning from students, feminism and critical race theory led to an acceptance of the fact that my particular social locations as a white, upper-middle-class, educated, heterosexual man are not politically neutral as liberalism would have (...) it, but aspects of social relations that are oppressive to others. I illustrate how this development and its implications took shape in my work, leading me to the unpleasant implications of my unavoidable complicity in these relations, even down to the level of my very subjectivity. I worry, then, about an apparent conundrum that ?I? experience when I address the question of how ameliorative change might be initiated, and end with some injunctions to myself. (shrink)

Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features - promise, commitment, care, and contract - with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of the moral value (...) of marriage to argue that marriage has no inherent moral significance. Further, the special value accorded marriage sustains amatonormative discrimination - discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, polyamorous groups, or urban tribes. The discussion raises issues of independent interest for the moral philosopher such as the possibilities and bounds of interpersonal moral obligations and the nature of commitment. The central argument of Part Two, "Democratizing Marriage," is that liberal reasons for recognizing same-sex marriage also require recognition of groups, polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under the constraints of public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic love dyads. Restrictions on marriage should thus be minimized. But public reason can provide a strong rationale for minimal marriage: care, and social supports for care, are a matter of fundamental justice. Part Two also responds to challenges posed by property division on divorce, polygyny, and supporting parenting, and builds on critiques of marriage drawn from feminism, queer theory, and race theory. It argues, using the example of minimal marriage, for the compatibility of liberalism and feminism. (shrink)

Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection for (...) the voluntary activities and consensual interactions occurring within the Contracting Situation, it might be appropriate or even necessary to move to institutions qualitatively similar to copyright and patent. I conclude that in at least some circumstances limited regimes of copyright and patent may be defendable solely on the basis of these very basic rights. (shrink)

Marxist theory has always maintained that a strict continuity exists between liberalism and fascism, and has even proclaimed that there is a causal connection between the two. Therefore fascism comes to be portrayed as the ‘armed wing’ of the bourgeoisie. The Marxist thesis is weak for two reasons: first, because the connection between liberalism and fascism, though it doubtless exists, is considerably more complex, mediated and contradictory than it suggests; and second, because it axiomatically denies the revolutionary nature of fascism, (...) which despite what Marxists claim, represents a rupture with the liberal tradition and demonstrates a relative autonomy from it. In the case of Italy, this autonomy arises from the fact that Fascism was born from the turmoil surrounding the genesis, the course and the outcome of the Great War, and was fed by fragments of philosophies and political theories radically opposed to liberalism, democracy and Marxism (though not to socialism) which arose in Europe at the turn of the 19th century. A birth in such a turbulent cultural and political climate could not give rise to an internally consistent and coherent ideology. The theoretical works of philosophers such as Giovanni Gentile encouraged liberalism to fool itself into seeing in fascism an unruly brother who could be put to good use by opposing socialism. This delusion enabled the rise to power of Mussolini. The revolutionary side to Fascism could draw on Italian populism’s latent revolutionary tradition which developed in the 50 years following unification as a transfiguration of ideological currents which contributed to the Risorgimento but which had been defeated by Cavourian liberalism. These included Mazzinianism and a particular type of radical anti-monarchism. (shrink)

Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...) controlled. A core tension within liberal thought thus arises between containing civil violence by empowering the state and containing state violence by constraining the state. One result of this tension is the highly selective conception of ?pacification? within liberalism, which, historically, has accommodated indifference to endemic violence, both within civil society, and beyond civil society ? as in (past) arguments licensing imperialism and in (present) arguments for disciplining ?rogue? states. (shrink)

In Political Liberalism and the essay "The Idea of Public Reason Revisited" John Rawls argues that citizens must refrain from introducing sectarian values intopolitical debate over fundamental political questions unless the positions they are endorsing can be supported by public reasons. I will argue that this duty allows for a more limited use of non-public ideas and values than is suggested in Rawls's discussion. ln addition, I will argue that reconciliation between citizens and the reinvigoration of free exchange and debate (...) both call for an extension of this duty to debate over issues that are of immediate concern to citizens. I argue that public reason requires citizens to support only those public policies which can be defended by appeal to liberal political values (values such as comity, social stability, equality, happiness), and to sincerely affirm liberal political values as the ultimate justification of the use of state power to implement the public policies they support. (shrink)

This essay examines the political-philosophical legitimacy of critical thinking as an aim of compulsory education. Although critical thinking is given an important role in Norwegian educational policy, the right to demand a critical attitude from all citizens has been extensively debated in political and pedagogical philosophy the last two decades. This debate stems in large part from the late work of John Rawls. In this essay, I start by stating the case for critical thinking as an educational aim, focusing on (...) democratic education. Next, I give an account of the challenge that Rawls’ later philosophy puts to education for critical thinking. Finally, I discuss some possible ways of responding to the Rawls. The upshot will be that some aspects of critical thinking can and must be defended as politically legitimate. However, any such defence must include a reply to the Rawlsian argument – if not, it will simply be naïve. In that sense, much Norwegian educational policy has been naïve. (shrink)

A liberalism which scorns all individualism is fundamentally misguided. This is the chief thesis of this paper. To argue for it, I look closely at some key concepts. The concepts of morislity and individualism are crucial. I emphasize Dewey on the "individuality of the mind" and a Deweyan discussion of language, communication, and community. The thesis links individualism and liberalism, and since appeals to liberalism have broader appeal in the present context of discussions, I start with consideration of liberalism. The (...) aim is to dispute overly restrictive conceptions and explore a broader perspective. To bring the argument to a close, attention turns first to Dewey on value inquiry, to Dewey's "democratic individualism" (cf. Dewey 1939, 179), and to the concept of moral community. Disputing the acquisitiveness of utilitarian influences in classical liberalism, a Deweyan argument from the nature of moral community supports re-emphasis on individualism in contemporary liberal thought. (shrink)